This agreement by and between Owner(s)/Seller(s) and Independent Timeshare Resales Realty Inc (ITR) with offices situated at: Cuquisasatraat 22, Ponton, Aruba and to be further referred to herein as the Company.
PARTIES AGREE TO THE FOLLOWING;
1. Owner(s)/Seller(s) hereby grants the right to the Company to sell his/her/their/ Timeshare week(s) in Aruba on the open market and as specified in the listing posting on the website: www.buyarubatimeshare.com by him/her/them.
2. Owner(s)/Seller(s) warrant: that he/she/they they are the legal owners of the timeshare(s) being given for sale to ITR by them; that they have the right to sell the timeshare(s); that they will deliver title to any buyer of the timeshare(s) free and clear; that said timeshare(s) is/are fully paid and are free of all claims and encumbrances; that said timeshare(s) can be sold without violating any rules and regulations of the resort.
3. The Owner(s)/Seller(s) hereby grant the Company the right to sell the timeshare(s) being listed for a period of 6 months (Six months). If the Owner(s)/Seller(s) does not inform the Company to terminate this listing agreement after the first listing period, then the listing will continue for successive periods of six months each time until the timeshare(s) is sold or the listing is cancelled.
4. The Company shall receive as compensation from the Owner(s)/Seller(s) for conducting the sale a commission of 15 % (fifteen percent) of the Selling price resulting from the sale.
5. The Owner(s)/Seller(s) will also be charged a closing fee of US $ 125.00 (Per contract) which covers all cost related to the closing, bank charges and overnight express mail delivery between the Company and the Seller(s).
6. In the event of a sale, the Company will instruct the Buyer(s) to send a certified bank check in the name of the Owner(s)/Seller(s) to the address of ITR listed herein, unless instructed otherwise by the Owner(s)/Seller(s).
7. Owner(s)/Seller(s) warrants that the yearly Resort maintenance fee for the week(s) being sold is/are paid for the current year.
8. The Owner(s)/Seller(s) hereby authorize the Company in the event that there is still a debt outstanding with the resort and/or lending company for the purchase of his/her/their Timeshare(s) to deduct this from the amount which he/she/they are to receive from the sale. Any amount which is to be deducted from the sum to be received by the Owner(s)/Seller(s) will be made known to him/her/them prior to this being deducted.
9. Owner(s)/Seller(s) agree to hold the Company, its representatives, agents and employees harmless against any claims resulting from any eventual dispute between them and the Resort and/or any other company, in the event any money is owed by him/her/ them.
10. Owner(s)/Seller(s) hereby grant the Company the authorization to verify all information supplied regarding the timeshare(s) being sold by him/her/them with the resort.
11. The Owner(s)/Seller(s) agree to supply the Company if requested, a copy of any document in his/her/their possession, which may aid in the sale of the timeshare.
12. The Owner(s)/Seller(s) acknowledge having read, understood and agree to the above conditions as well as the conditions as outlined in the “General terms and conditions for using the website” and declare that the information supplied by him/her/them is truthful.
The Terms and Conditions outlined herein shall be governed by the laws of Aruba and shall be subject to the exclusive jurisdiction thereof. In the event of any legal dispute between the parties hereto, in connection with these Terms and Conditions, the prevailing party will have the right to recover reasonable attorney fees.